Court : Allahabad
Decided on : Mar-16-1960
Reported in : AIR1960All692
..... are not in dispute. the respondents fifed a suit against the appellants under section 29 of the indian patents and designs act. the suit was filed in the court of the district judge and the prayer was to restrain the appellants and their servants and agents by a permanent injunction from infringing certain patents ..... final disposal of original petitions or proceedings in execution. preliminary or interlocutory judgments which were appealable according to him were decisions which 'ascertain rights and direct further inquiries which determine liabilities though further directions are given for ascertaining the measure of those liabilities.' it thus appears that the real distinction between an 'interlocutory judgment' and ..... under the c. p, c., if this order which is sought to be appealed against - in the present case had been passed by a district judge or civil judge in appeal as has been done by mr. justice vishnu datta it would not have been appealable. 66. the importance of the order to one .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-20-1960
Reported in : [1962]46ITR1236(All)
..... assessee applied to the commissioner under section 33 for revision of the orders passed by the income-tax officer. the commissioner set aside the assessment and directed further inquiry and a fresh assessment. the income-tax officer again assessed the tax on an income of rs. 75,000. the assessee again applied under section 27 and finally ..... the appellate tribunal in that case that no appeal lay to the income-tax appellate tribunal was approved of, but it appears that the attention of the learned judges of the patna high court was not invited to the enunciation of the law by the supreme court in mela rams case.learned counsel for the respondent attempted ..... the maintainability of the appeal. it was contended before the tribunal that the order passed by the appellate assistant commissioner was not one under section 31 of the act and the appeal preferred before the tribunal was therefore incompetent. the tribunal, for reasons recorded by it in its order dated the 13th march, 1957, upheld the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-19-1960
Reported in : AIR1961All397; 1961CriLJ169
..... magistrates were false.5. under the new section 479-a cr. p. code, there is no right of appeal against an order directing prosecution and no inquiry is made before filing the complaint. the applicants, therefore, appeared before the magistrate who took cognizance of these complaints and contended that the complaints cannot be proceeded ..... the committal proceedings in connection with the murder case against tasadduq.3. both the sessions cases against tasadduq came up far hearing before the sessions judge, sitapur. the sessions judge acquitted tasadduq in both these cases and at the time of pronouncing his judgment in the murder case he made the following observations :'in ..... were false, the witnesses could have been prosecuted in budha khan's case and in the section 19(r) arms act case against tasadduq but not in the murder case against tasadduq. the sessions judge perhaps launched the prosecution depending upon illustration (b) to section 236 cr. p. code. the illustration runs as follows .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-24-1960
Reported in : AIR1962All551
..... and (2) mahabir prasad shall get compensation for the premature cancellation of the aforesaid permits.' 12. it is contended by the appellants that the learned judge was wrong in holding that as neither of theschemes made provision for the offer of alternative routesto the displaced operators the regional transport authoritylaid no jurisdiction to ..... bythe state government, that it was the governor who prepared and caused the proposed scheme to be published, andthat as this was contrary to the act the notification andall subsequent orders and decisions based thereon are invalid.24. 'state transport undertaking' means any undertaking providing a road transport service where such ..... an extraneous or irrelevant consideration. this being the sole grievance of kashi prasad gupta against the grant of permits to the three displaced operators, the act gives him no right to object.76. learned counsel for gupta contended that his client does not object to lawful competition, but government, by granting .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-12-1960
Reported in : AIR1960All637
..... fact of citizenship, much less of the fact of citizenship obtained otherwise than by voluntary acquisition, has certainly the effect of depriving the appellants' right without the inquiry guaranteed by the section, and therefore, amounts to an unreasonable restriction on the fundamental rights of the appellants under article 19 of the constitution of india.' ..... as to whether clause 3 of schedule iii was unconstitutional and the chief point raised by the andhra pradesh decision thus remains unanswered.what the learned judges of the patna court have done is to reject the application for grant of a writ on the ground that the mere obtaining of a pakistan passport ..... has not voluntarily acquired the citizenship of pakistan, and that consequently his indian citizenship should not be deemed to have terminated under section 9 of the citizenship act. he went to pakistan when he was only a minor unaccompanied by his guardian, and returned to india within about two months of his attaining majority .....
Tag this Judgment!Court : Allahabad
Decided on : May-20-1960
Reported in : AIR1961All14
..... defendant' was negligent and that his negligence caused or materially contributed to the accident. negligence is an effective cause of any injury which either is intended or, judged broadly and on common sense principles, is a direct consequence. when negligence has been established, liability follows' for all the consequences which are in fact the direct ..... been so caused, and shall be brought by and in the name of the executor, administrator, or representative of the person deceased; ............' section 2 of the act states:-'provided always that not more than one action or suit shall be brought for, and m respect of, the same subject-matter of complaint ..........'section 3 runs ..... the railway staff. being tara chand's widow, the plaintiff is entitled to get compensation from the railway administration for causing -her husband's death by a negligent act. the plaintiff estimated the amount of compensation at rs. 1,59,600/-. the relief claimed in the plaint was a sum ofrs. 100,000.3. the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-18-1960
Reported in : AIR1960All659
..... observations of sulaiman j, in : air1926all68 and expressed the opinion that rule 6, or. 34, was designed to prevent the mortgagee suffering the hardship referred to by the learned judge and that the costs incurred by the decree-holder in connection with the objection of the judgment-debtor in execution proceedings fell within the definition of costs given by sulaiman ..... payment' refers, in our opinion, to such costs, charges and expenses which the mortgagee can incur for the purposes mentioned in section 72 of the transfer of property act and for purposes analogous to them. such expenses can be incurred up to the time of actual payment by the mortgagor and cannot always be included in the amounts found ..... relied on the case of : air1926all722 .3. rule 10 prior to its amendment by sec.6 of the transfer of property (amendment) supplementary act xxi of 1929 was;''in finally adjusting the amount to be paid to a mortgagee in case of a foreclosure or sale or redemption, the court shall, unless .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-01-1960
Reported in : AIR1960All672
..... that the supreme court should not make any pronouncement on any question which is not strictly necessary for the disposal of the particular case before it.thus the judges of the supreme court arc, if i may say so again with profound respect, conscious that any pronouncement of law by the court acquires 'potency' under ..... for examp]e, may do things for another without incurring any contractual obligation. the word 'agency'' in the dictionary has a wider import than under the contract act. the question is whether the supreme court used the word 'agent'' in the sense of any contractual relationship or only to indicate that the money is collected ..... any manner liable for the loss of the packet or its contents. nevertheless, subject to certain rules, and within certain limits, the postmaster-general voluntarily and as an act of grace pays compensation, according to a published scale, for loss of, or damage to, registered packets, parcels, and express packets, and certain insured imperial and .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-24-1960
Reported in : AIR1960All724; (1960)IILLJ373All
..... by a common order to file a joint writ petition. in that case four persons filed a joint writ petition on a common ground. it was held by the learned judges that, a single writ petition by the (our persons was not maintainable.7. in umashankar roy's case, 1959 all wr (hc) 664 : (air 1960 all 366) there was a ..... shall hear the applicant and the employer, or give them an opportunity of being heard, and after such further inquiry, if any, as it may consider necessary, may, without prejudice) to any other penalty to which the employer may be liable under this act, direct (i) in the case of a claim arising out of payment of less than the minimum rates .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-30-1960
Reported in : AIR1961All24; 1961CriLJ1
..... will apply without question. 38. then, it will be recalled that in (supra) the privy council pointed out that a judge does not act as a judge in receiving a bribe, nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he examines, and in : [1960]2scr89 (supra) ..... thought statutory recognition of it to be redundant. chapter xv of the code, which embraces sections 177 to 199b, deals with the jurisdiction of the criminal courts in inquiries and trials, while sections 190 to 199b fall under the sub-heading 'conditions requisite for initiation of proceedings'. section 190 empowers specified courts of magistrates to take ..... such an offence sanction under section 197 (1) was not needed, and by way of example mentioned that a judge does not act as a judge in receiving a bribe, nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom be examines. case (c) was a public .....
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